It shall be unlawful for any person to sweep, throw or deposit, in any manner, or cause the same to be done upon any sidewalk, street, alley, avenue, public park, or into or upon any lot, or piece of ground, within the city whether such lot shall belong to himself or another, any shavings, paper, paper cuttings, envelopes, wrappers, wrapping paper, bills, dodgers, advertisements, or any scraps or anything whatsoever, which can be, or is likely to be blown by the wind along the streets or walks, or from place to place.

(Code 1989, 15-301; Code 2024)

It shall be unlawful for any person to place any earth, or cause the same to be done upon any street, alley, sidewalk, or public grounds in this city, without first obtaining the consent of the governing body so to do.

(Code 1989, 15-302; Code 2024)

It shall be unlawful for any person or persons to make or cause to be made any fire upon any of the paved streets, alleys or street intersections within the city.

(Ord. 163, Sec. 2; Code 1989, 15-303; Code 2024)

The following are hereby declared to be public nuisances affecting the safety of the inhabitants of this city.

(a)   Hanging signs, ropes, networks or advertising devices, posts, oil or gasoline pumps, radio aerials, placed in or projecting over or across any street, avenue, alley or sidewalk, unless the same be under the conditions imposed by ordinance;

(b)   Water spouts or drains from buildings which discharge water onto, over or across sidewalks;

(c)   Trees and hedges on any private property or in the parking abutting on any sidewalk, street or alley of this city, the branches of which are lower than seven feet above the surface of such a sidewalk or lower than eight feet above the traveled portion of such street or alley;

(d)   Dead trees or limbs of trees on any private property or in the parking close enough to fall upon any portion of any street, alley or sidewalk. When the owner or occupant of any property in this city shall neglect or refuse to abate any of the nuisances enumerated in this section, within the time specified in the notice given him by the city clerk, the city marshal-chief of police shall forthwith proceed to abate such nuisance and the cost thereof shall be collected as follows:

(1)   Order to Abate; Time to Comply. Except as provided by subsection (3) below, the City shall order the owner or agent of the owner of the property to remove and abate from the property the thing or things therein described as a nuisance within a time, not exceeding ten (10) days, to be specified in the order. The City shall grant extensions of such ten (10) day time period if the owner or agent of the property demonstrates that due diligence is being exercised in abating the nuisance.

(2)   Hearing Right; Service of Order. The order shall state that before the expiration of the waiting period or any extension thereof, the recipient thereof may request a hearing before the Governing Body or its designated representative. The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.

(3)   Alternative Notice after Prior Non-Receipt. If the owner or agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice sent pursuant to this section during the preceding twenty-four (24) month period, the City may provide notice of the issuance of any further orders to abate or remove a nuisance from such property in the manner provided in subsection (2) above or as provided in this subsection. Except as specifically provided in this subsection, the City may provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such ordered on the property, personal notification, telephone communication or first-class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first-class mail.

(4)   City Abatement upon Noncompliance; Post-Abatement Cost Notice. If the Owner or agent fails to comply with the requirement of the order for a period longer than that named in the order, the City shall proceed to have the things described in the order removed and abated from the lot or parcel of ground. If the City abates or removes the nuisance, the City shall give notice to the owner or agent by certified mail, return receipt requested, of the total cost of such abatement or removal incurred by the City. Such notice also shall state that payment of such cost is due and payable within thirty (30) days following receipt of such notice. The City also may recover the cost of providing notice, including any postage, required by this section.

(5)   Collection and/or Assessment. If the cost of such removal or abatement and notice is not paid within the thirty (30) day period, the cost shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed and charged against the lot or parcel of ground on which the nuisance was located. If the cost is to be assessed, the City Clerk, at the time certifying other City taxes to the County Clerk, shall certify such costs, and the County Clerk shall extend the same on the tax roll of the County against the lot or parcel of ground, and it shall be collected by County Treasurer and paid to the City as other City taxes are collected and paid. The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and any applicable interest has been paid in full.

(Code 1989, 15-304; Code 2024; Ord. 964)

It shall be unlawful for any person to place any barbed wire or other sharp iron points on any railing or posts in or adjacent to any alley or sidewalks of this city; provided, that any person who may have heretofore erected such fence or points shall upon notice from the city marshal-chief of police immediately remove the same.

(Code 1989, 15-311; Code 2024)